Urgent guidance is needed from the Constitutional Court on the right way to handle urgent interim interdict applications against the public protector, advocate Busisiwe Mkhwebane and Economic Freedom Fighters leader Julius Malema have said in court papers.
Usually, appeals go first to a full bench of the high court or to the Supreme Court of Appeal. Direct appeals to the highest court are granted when it is in the interests of justice. In his affidavit, Malema referred to the oft-quoted paragraph of the Nkandla judgment, that the public protector was “the embodiment of a biblical David … who fights the most powerful and very well-resourced Goliath”.
“This sinister attempt to get the Public Protector mired in endless hearings involving a single case and the calculated attempt to get her bogged down in multiple hearings is antithetical to the Constitution’s envisaged ‘purpose-built watch-dog’,” Mkhwebane said.
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